McGee v. Gibson

Judge Marshall

delivered the Opinion of the Court,

In the former opinion rendered in this case, 1B. Mon. 107, this Court decided upon the facts then assumed, that if Gibson, who was the plaintiff in the action, left the service of McGee wrongfully or by mutual consent, his right to occupy the house under the contract ceased, though the year had not expired, and the judgment for the plaintiff was then reversed because the Court had put to the jury the question whether, at the time of the trespass, he was in possession of the house under lease for a year; when the question, whether it was a lease…